If we purchased a home almost 4 years ago and 1 of the conditions was to have the roof replaced but it wasn’t, what can we do?

UPDATED: Sep 30, 2022

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If we purchased a home almost 4 years ago and 1 of the conditions was to have the roof replaced but it wasn’t, what can we do?

This past weekend the roof began leaking badly around our chimney. The roof is supposed to have a 5 year warranty but we are not able to get the contractor that did the work to return our call. We have also discovered that a portion of the work listed on the contract was never actually done.

Asked on December 28, 2015 under Real Estate Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are still within the statute of limitations (time within which you must sue) for oral agreements (5 years), written agreements (10 years), and also for fraud (if they lied about what they would do, to get you to buy the home; 10 years); therefore, it appears you are still in time to sue the sellers, for either breach of agreement or for fraud, to recover the cost to fix the roof. If there was a warranty, if the contractor is still in business and won't voluntary honor it, you could sue the contractor, too, for breach of contract (a guaranty or warranty is a contract, too).

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